42 U.S.C. § 1983 Claim

3,807 Florida cases classified under this topic, plus 3,026 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Wells v. Rushing
  760 F.2d 660· 5th Cir.· 1985-05-20 ·cited 10×
  The court denied the petition for rehearing, affirming its prior decision. Issues not raised below or on appeal, or issues relied upon by the appellant in prior proceedings, cannot be raised for the first time on rehearing.
• Shelton v. City OF Coll. Station
  754 F.2d 1251· 5th Cir.· 1985-03-11 ·cited 10×·via 42 U.S.C. § 1983 Action
  Summary judgment was improvidently granted because genuine issues of material fact exist regarding whether the zoning board's denial of a variance was arbitrary and discriminatory, and whether individual defendants were entitled to qualified immunity.
• O'Neal v. City OF HOT Springs Nat'l Park
  756 F.2d 61· 8th Cir.· 1985-02-28 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the city did not violate the employee's substantive or procedural due process rights by terminating her employment after she was charged with armed robbery, and that she was not entitled to damages or attorney fees.
• Shanks v. City OF Dallas
  752 F.2d 1092· 5th Cir.· 1985-02-15 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that an order denying class certification, even if based on lack of standing for injunctive relief, is not immediately appealable under 28 U.S.C. § 1292(a)(1) unless it has the practical effect of denying an injunction and causes serious, irreparable harm that can
• Hurd v. Capt. Dave Williams
  755 F.2d 306· 3d Cir.· 1985-02-06 ·cited 10×
  The court held that the prison's 'publishers only' rule for receiving printed materials is a rational response to security concerns, and the plaintiff failed to demonstrate a genuine issue of material fact regarding an exaggerated security risk.
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×·via 42 U.S.C. § 1983 Action
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• SIU v. Johnson
  748 F.2d 238· 4th Cir.· 1984-11-20 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the university's denial of tenure and promotion to a probationary professor did not violate her constitutional rights to due process or equal protection, even if administrators did not fully defer to peer faculty recommendations.
• Teresa Diane P. v. Alief Indep. Sch. Dist.
  744 F.2d 484· 5th Cir.· 1984-10-22 ·cited 10×
  The court held that Diane's claim, asserting a constitutional right infringement by conditioning education on parental counseling, is not an independent constitutional claim but rather an assertion that the state misread the EAHCA. Such claims are not cognizable under 42 U.S.C. §
• Marshall v. Norwood
  741 F.2d 761· 5th Cir.· 1984-09-14 ·cited 10×·via Section 1983
  A prisoner's claim of negligent or intentional deprivation of property by state officials is not actionable under Section 1983 if the state provides an adequate post-deprivation remedy.
• Holmes v. Jones
  738 F.2d 711· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the plaintiff was collaterally estopped from litigating his federal claims because the issues were actually litigated and decided in a prior state court proceeding.
• Haley v. Wyrick
  740 F.2d 12· 8th Cir.· 1984-08-07 ·cited 10×
  The court held that the plaintiff waived the issue of inadequate damages by failing to preserve it in the trial court through a motion for a new trial.
• Gingras v. Lloyd
  740 F.2d 210· 2d Cir.· 1984-08-03 ·cited 10×
  The court held that the district court's award of attorney's fees must be vacated and remanded because it was unclear from the record what specific facts or findings supported the determination that the plaintiffs were prevailing parties.
• Gargiul v. Tompkins
  739 F.2d 34· 2d Cir.· 1984-07-06 ·cited 10×
  Federal courts must give prior state court proceedings the same preclusive effect under § 1983 as the state courts themselves would afford them, as mandated by the Full Faith and Credit Statute.
• Hinkle v. Christensen
  733 F.2d 74· 8th Cir.· 1984-05-02 ·cited 10×
  The court held that the evidence was sufficient to support the jury's finding that the teacher was dismissed due to her union activities, and that the district court did not err in denying the school district's motions for a directed verdict and judgment notwithstanding the verdi
• J.L. Ford v. Allen
  728 F.2d 1369· 11th Cir.· 1984-03-30 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that a district court has the statutory authority to impose the entire responsibility for producing a state prison inmate for a federal trial on the U.S. Marshal.
• Arebaugh v. Governor John Dalton
  730 F.2d 970· 4th Cir.· 1984-03-28 ·cited 10×·via 42 U.S.C. § 1983 Claim For Damages
  The court held that the district court's grant of summary judgment was premature because the defendants failed to meet their burden of establishing a good faith defense.
• Coleman v. de Minico
  730 F.2d 42· 1st Cir.· 1984-03-23 ·cited 10×
  The court held that the trial court did not abuse its discretion in admitting expert testimony, even if based on incomplete or speculative facts, as long as the jury was properly instructed on weighing credibility.
• Rowland v. MAD River Local Sch. Dist.
  730 F.2d 444· 6th Cir.· 1984-03-22 ·cited 10×
  The court held that a school teacher's termination solely for stating her sexual preference, when that statement became a matter of public concern and was found by a jury to be the cause of termination, violates her First and Fourteenth Amendment rights.
• Justine A. Higdon v. Metro. Dade Cnty.
  446 So. 2d 203· Fla. 3d DCA· 1984-02-28 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The estate of Benny Higdon, killed during a Miami riot, sued Dade County and City of Miami officials for failing to prevent violence or warn the community. The court affirmed dismissal of all claims, holding that the Constitution does not guarantee a right to police protection an
• Giles Edward Chapman v. Musich
  726 F.2d 405· 8th Cir.· 1984-02-01 ·cited 10×
  A public defender performing traditional adversarial functions does not act under color of state law for purposes of a § 1983 claim.
• Flittie v. Erickson
  724 F.2d 80· 8th Cir.· 1983-12-28 ·cited 10×
  The court held that the plaintiff's claims for injunctive and declaratory relief were rendered moot by a subsequent parole hearing, and the claim for damages was abandoned.
• Robles v. T.A. Coughlin
  725 F.2d 12· 2d Cir.· 1983-12-27 ·cited 10×
  Sua sponte dismissal of pro se prisoner complaints prior to service of process is disfavored when the complaints allege cognizable claims under 42 U.S.C. § 1983.
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×·via 42 U.S.C. § 1983 Action
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• Jackson v. Temple Univ. OF the Commonwealth Sys. OF Higher Educ.
  721 F.2d 931· 3d Cir.· 1983-11-29 ·cited 10×
  The court held that a public employee's claim under the NLRA should be dismissed for lack of subject matter jurisdiction, not on statute of limitations grounds, and affirmed the dismissal of the employee's due process claim under 42 U.S.C. § 1983.
• Johnson v. Stark
  717 F.2d 1550· 8th Cir.· 1983-10-03 ·cited 10×·via 42 U.S.C. § 1983 Civil Rights Claim
  The court held that a pro se litigant's claims regarding denial of work release, time-served credit, and access to courts were frivolous and properly dismissed because they lacked factual support and did not allege deprivation of a constitutionally protected liberty interest.
• R.I. Handicapped Action Comm. v. R.I. Pub. Transit Auth.
  718 F.2d 490· 1st Cir.· 1983-09-29 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that section 504 of the Rehabilitation Act does not authorize courts to order affirmative action in the form of requiring transit authorities to purchase wheelchair lifts for buses, especially when the authority complies with federal regulations. The court reversed
• Wermager v. Cormorant Twp. Bd.
  716 F.2d 1211· 8th Cir.· 1983-09-23 ·cited 10×
  The court held that the Wermagers did not possess a vested right to develop their land into smaller lots, and the zoning ordinance was validly applied.
• Brooks v. Ashtabula Cnty. Welf. Dep't
  717 F.2d 263· 6th Cir.· 1983-09-01 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that the district court erred in misapplying the Burdine standard by impermissibly shifting the burden of persuasion to the defendants and in presuming discrimination from unwritten policies. The court also found a factual error regarding wage disparity.
• Logan v. Hollier
  711 F.2d 690· 5th Cir.· 1983-08-11 ·cited 10×
  The court held that a mother's claim under 42 U.S.C. § 1983 for the wrongful death of her child may be cognizable independently of state wrongful death statutes.
• Webb v. Arresting Officers
  713 F.2d 405· 8th Cir.· 1983-08-08 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that a plaintiff can recover on a theory of liability not explicitly pleaded if the facts support it and it does not prejudice the defendant, specifically applying the duty to intervene in a civil rights action.
• Howell v. State BAR OF Tex.
  710 F.2d 1075· 5th Cir.· 1983-08-01 ·cited 10×·via 42 U.S.C. § 1983 Action
• Washington v. NEW York City Bd. OF Estimate
  709 F.2d 792· 2d Cir.· 1983-06-03 ·cited 10×
  A pro se claimant should not be deemed to waive a jury trial demand without being informed of their constitutional right and the necessity of a written demand.
• Wilkerson v. Maggio
  703 F.2d 909· 5th Cir.· 1983-04-25 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  The court held that the conditions of the petitioner's confinement did not constitute cruel and unusual punishment under the Eighth Amendment.
• Garcia v. Univ. OF Kan.
  702 F.2d 849· 10th Cir.· 1983-03-09 ·cited 10×
  The court held that the most appropriate Kansas statute of limitations for a civil rights action under 42 U.S.C. §§ 1981 and 1983 is K.S.A. § 60-513, which governs actions for injury to the rights of another.
• Major D.M. Edwards v. Brown
  699 F.2d 1073· 11th Cir.· 1983-03-07 ·cited 10×
  The dissenting judge would interpret city ordinances to provide a right to trial for sworn employees, similar to non-sworn employees.
• ASH v. Bd. OF Educ. OF the Woodhaven Sch. Dist.
  699 F.2d 822· 6th Cir.· 1983-02-07 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  Even if teachers had a property interest, they received all the process due them, and the court's analysis of the property interest itself was flawed.
• Siano v. Justices OF Massachusetts
  698 F.2d 52· 1st Cir.· 1983-01-21 ·cited 10×
  A prosecutor is absolutely immune from civil liability for actions taken in initiating a prosecution and presenting the state's case, and a claim against state Justices for affirming a conviction, even if erroneous, does not state a constitutional claim actionable under § 1983.
• Owens-El v. Warden William Robinson and James Jennings Appeal of Kenneth Owens-El
  694 F.2d 941· 3d Cir.· 1982-12-09 ·cited 10×
  A pro se litigant, even if successful in a civil rights action, cannot recover attorney's fees under 42 U.S.C. § 1988.
• Gregorio Lopez v. E.G. Reyes
  692 F.2d 15· 5th Cir.· 1982-11-26 ·cited 10×·via 42 U.S.C. § 1983 Claim For Violation Of Constitutional Rights
  Summary judgment for the defendant deputy sheriffs was correctly awarded because there were no genuine issues of material fact regarding the plaintiff's claims of constitutional violations and his classification as a high-risk prisoner.
• Andrade v. City OF Phoenix & Lawrence Wetzel
  692 F.2d 557· 9th Cir.· 1982-10-12 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the district court, not the agencies, must determine if disciplinary action would have been taken absent the impermissible ground, and that the Mt. Healthy standard is inappropriate if no constitutional right is implicated.
• Mozell and Delores Brooks v. Walker Cnty. Hosp. Dist.
  688 F.2d 334· 5th Cir.· 1982-10-04 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that Pullman abstention was appropriate because the scope of the state constitutional entitlement to free medical services was unclear and required interpretation by Texas courts.
• Strama v. Paul Q. Peterson, M.D.
  689 F.2d 661· 7th Cir.· 1982-09-16 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  The court held that while attorneys' fees are recoverable under 42 U.S.C. § 1988, the hourly rate for lead counsel should not be increased beyond his usual billing rate, and multipliers are not justified in this case.
• Friarton Ests. Corp. v. The City OF NEW York
  681 F.2d 150· 2d Cir.· 1982-06-07 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court held that the plaintiffs' claims were barred by res judicata due to prior state court litigation of the same issues, including constitutional claims.
• Kilgore v. City OF Mansfield
  679 F.2d 632· 6th Cir.· 1982-06-03 ·cited 10×
  The court held that the one-year statute of limitations for malicious prosecution and false imprisonment under Ohio law applies to a 42 U.S.C. § 1983 claim.
• Birch v. Honorable Earl J. Mazander
  678 F.2d 754· 8th Cir.· 1982-05-20 ·cited 10×·via Violation Of 42 U.S.C. § 1983
  A judge is immune from liability for damages if acting within jurisdiction and performing judicial acts, and equitable relief requires irreparable harm and lack of adequate legal remedy.
• Hays v. Jefferson Cnty.
  673 F.2d 152· 6th Cir.· 1982-03-10 ·cited 10×·via 42 U.S.C. § 1983 Action
  The court denied petitions for rehearing, concluding the issues were fully considered. The dissenting judges argued the case should have been reconsidered en banc due to significant questions regarding municipal liability standards.
• Hughes v. Blankenship
  672 F.2d 403· 4th Cir.· 1982-03-03 ·cited 10×
  Police officers are not liable under 42 U.S.C. § 1983 for a shooting death if their actions were not taken pursuant to a government policy or custom, and they individually possess qualified immunity unless they acted with malicious intent or gross negligence.
• Hervie L. Daniels and Hervie Daniels, Jr. v. Gilbreath
  668 F.2d 477· 10th Cir.· 1982-01-13 ·cited 10×·via Violation Of 42 U.S.C. § 1983
• Howard v. NEW Jersey Dep't OF Civil Serv.
  667 F.2d 1099· 3d Cir.· 1981-12-04 ·cited 10×·via Discrimination Under 42 U.S.C. § 1983
  The court held that the plaintiffs lacked standing to challenge the physical agility test because they failed the initial written examination.
• Kilcoyne v. Morgan
  664 F.2d 940· 4th Cir.· 1981-11-27 ·cited 10×·via Section 1983
  The court held that deviations from gratuitously provided procedural safeguards do not give rise to a constitutional claim under Section 1983, and that state law breach of contract claims were barred by sovereign immunity as it existed prior to its abrogation.